Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Comparative Study of Civil Liability of Access Providers, Host Providers, and Content Providers: A Case Study of Iranian and German Laws in Cyberspace

Document Type : Research Article

Author
Master of Law, Department of Jurisprudence and Fundamentals of Islamic Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran. (Corresponding Author)
Abstract
This comparative study examines the civil liability of Access Providers, Host Providers, and Content Providers under Iranian and German law. The main objective of this research is to analyze the legal differences and similarities between the two legal systems concerning the responsibilities of internet service providers for the dissemination and management of content in the digital space. In Germany, the liability of internet service providers is regulated by the Telemedia Act (TMG) and the E-Commerce Directive (EC-RL). According to Section 8 of the TMG, Access Providers are generally exempt from liability as long as they do not alter or store the transmitted data. Host Providers, under Section 10 of the TMG, must immediately remove illegal content once they become aware of it. In contrast, Content Providers bear full responsibility for the content they create and distribute, as they are considered the direct authors of such content. In Iran, similar laws, such as the Computer Crimes Law and the Electronic Commerce Law, regulate the liability of internet service providers. However, differences in practical implementation and enforcement exist, especially regarding how liability is pursued. This study aims to demonstrate how both countries adapt their legal frameworks to the challenges of the digital world and how the responsibilities of internet service providers are managed in an increasingly connected world.
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  • Receive Date 26 September 2024
  • Revise Date 26 October 2024
  • Accept Date 27 November 2024